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Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: Am I correct that the Minister is effectively locating all the definitional terms in the Bill under one section, which is this new section that is being proposed? Is that essentially the proposal?

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: That is fine. Deputy Pringle is saying he is happy to withdraw those amendments and bring them back on Report Stage. I know Deputy Carroll MacNeill had her name on one of those amendments as well. Does she want to speak to them?

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: That concludes the discussion on amendments Nos. 3 to 6 in that event.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: Sorry I did not see the Deputy.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: I can hear the Deputy anyway so she can proceed.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: We will keep an eye on Deputy Bríd Smith's radar in future. I will ask the clerk to keep an eye out so that if she is indicating again I will be sure to see her.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: I will use whatever way I can communicate and see.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: The issue to date is that it was not a criminal offence. That is why it was not subject to the provisions but it automatically will be once this comes in.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: We are jumping ahead a bit because that discussion pertains to section 6. I ask members to proceed in sequence as much as we can because it makes matters easier. There are enough amendments and amendments to amendments without jumping ahead of ourselves.. Amendment No. 3 proposes that the new section be inserted. Does the Minister want to press the amendment?

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: In that case amendments Nos. 4, 5 and 6, inclusive, effectively fall because the amendments cannot be made as the section is no longer present as constituted.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: We will discuss amendments Nos. 7 to 13, inclusive and No. 46 together. Amendments Nos. 8 and 9 are alternatives to No. 7. Amendments Nos. 11 and 12 are alternatives to No. 10. Again, we effectively have a block of amendments. I move amendment No. 7: In page 4, to delete lines 13 to 19 and substitute the following: “(3) A person commits an offence where he or she, without lawful...

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: We will discuss these amendments as a block and the next amendment is No. 9 and so on. Then we will consider all the amendments in this block. There is a proposal that this section will be deleted in any event so the discussion on this amendment may be moot.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: Does Deputy Pringle wish to speak to amendment No. 10?

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: If any member wishes to identify a policy issue and put it out there at the committee for discussion, even if it is intended to withdraw it, there is no issue with that and it may help to ventilate the issue. Does Deputy Smith wish to speak to amendment No. 11?

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: Amendment No. 12 is in my name. I am not going to move the amendment but I will briefly outline the rationale for it. The Bill already covers the position of relationships and of people known to each other. This pertains to a position where people may not know each other but content, images or video may come into the possession of somebody through his or her occupation, perhaps in law...

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: Amendments Nos. 7 and 12 are withdrawn. Amendments Nos. 9 and 10 are withdrawn. We will take direction from Deputy Smith on amendments Nos. 8 and 11. There is a proposal to delete the section in any event, so it may well become moot. In that context, does Deputy Smith wish to return to this on Report Stage or does she wish to press the amendment?

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: Deputy Smith has flagged a policy concern and the Minister has indicated she will take it away and see if the matter can be accommodated on Report Stage. Deputy Smith, of course, has the right to reintroduce her amendment on Report Stage if she wishes to do so. Is that agreeable? The amendment is withdrawn for now, with the right to return on Report Stage.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: Does that apply to amendments Nos. 8 and 11?

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: I have already withdrawn amendments Nos. 7 and 12, and amendments Nos. 9 and 10 are also withdrawn.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

James Lawless: The Minister has proposed that section 3 be deleted.

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